Activities/Services Description Remarks Commex/Comdex. Sharing of brokerage should not be done with any person other than approved Authorised Persons
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1 Trading on Exchange platform is governed by Bye Laws, Rules, Regulations and Circulars of the Exchange and also the directives of Forward Markets Commission. As per the present regulatory framework there are some activities which are prohibited to be carried out by the Members, as given below. Activities/Services Description Remarks Commex/Comdex Circular no. 104 of These words should not be part of 2006 Share/Stock/Security the name of a Member Sharing of Brokerage Sharing of brokerage should not be done with any person other than approved Authorised Persons Bye Law Dealing in Cash PMS Members should not accept cash from the clients whether against obligations or as margin money for trading in commodity derivatives Members should not undertake any advisory services in the nature of portfolio advisory services, portfolio management services and similar such other services resulting in fund based portfolio management services to clients Circular no. 271 of Penalty for violation - 0.5% of the value of cash transactions Circular no. 195 of BPO/KPO Member or any of its subsidiaries /parent company/ related entities should not undertake any kind of Business Process Outsourcing / Knowledge Process Outsourcing activities in which services are provided to foreign clients trading on foreign commodity exchanges Circular no. 118 of Network Connectivity to NCDEX- Exclusiveness 1. The VSAT or leased line network connected to NCDEX should not be linked to any other network. 2. The personal computer having NCDEX s TWS should have only one network card connected to NCDEX network only. Circular no. 041 of 2007
2 3. If the Member wishes to utilize the same physical infrastructure for two or more networks, a logical separation between such networks using virtual LAN (VLAN) must be maintained. 4. There must be a fire-walling mechanism between two or more networks and data flow from one network to another should be strictly prohibited. Discretionary powers No Member shall exercise discretionary power in client s account except as provided in the Rules, Bye-laws and Regulations of the Exchange Member cannot utilize the funds and commodities of one Constituent for and on behalf of another Constituent Regulation 6.6, circular no. 295 of Regulation 5.1 Third Party Collaterals etc. Third Party Collaterals, immovable properties and other illiquid collaterals should not be accepted towards settlement/ margin requirements of clients Circular no. 184 of Issuance of multiple client codes to a single client The additional Client IDs of those clients who have been given more than one client ID should be frozen/deleted and no trading should be carried out in such IDs Circular no. 068 of Trading in deleted client codes No orders shall be placed in deleted client codes. Square off trades in deleted client codes would also be considered as incremental instances and penalty will be levied accordingly Circular no. 063 of Penalty for violation - Rs. 100/- per client code
3 Trading on terminals of Foreign Commodity Exchanges in India Real time trading in commodities by opening terminals of foreign commodity exchanges in India without approval of Central Government or FMC, would be deemed to be illegal. Circular no. 061 of 2007 Change of Name Shareholding pattern leading to Control of the Company/ Firm Proprietor excluding cases of transfer within HUF constitution of Member Surrender/transfer of membership Members are required to obtain prior approval from the Commission in cases for effecting these changes. Members are required to submit such requests to the Exchange and the Exchange in turn will seek Commission s prior approval. Refer circular no. 143 of 2012 Circular no. 089 of shareholding for unlisted company (other than subsidiary / joint venture of listed companies) or a partnership firm Any change in shareholding/ sharing pattern including that of DPG or their shareholding interest or change in partners should not be made without prior written permission of the Exchange. Circular no. 217 of Penalty for violation from Rs. 5,000 to Rs. 150,000. Withdrawal of trading facility of the Member till the changes are approved by the Exchange. Member trading through another member A Member of the Exchange is not allowed to trade through another Member of the Exchange unless approval by the Exchange. Regulation 4.1, Bye Law 6.7 Penalties Rs. 10,000 per instance to Rs. 25,000 Per instance
4 Use of Logo of the Exchange Logo of the Exchange should not be used in advertisements unless permitted by the Exchange Circular no. 046 of 2005 Pro and Client codes The Exchange trading system provides an option to select Pro or Client while placing orders. The option Pro is to be selected when order is placed for trading in Proprietary account and option Client for placing orders for the clients. While placing orders in proprietary account, only the Pro account option on the system should be used. No client code should be allotted for proprietary trading Circular no. 277 of Trading - Proprietary Accounts (PRO Trade) Pro Trade through CTCL and/or more than one location and two terminals should not be carried out unless permitted by the Exchange Circular no. 216 of 2006 Pre-funded Instruments If the aggregate value of the prefunded instruments (like payorders/demand drafts) is ` 50,000 or more per client per day, the Member may not accept the instrument unless the same is accompanied by the name of the bank account holder and number of the bank account debited for the purpose, duly certified by the issuing bank. The bank certificate shall be one of the following: (a) Issuing bank shall certify on its letter-head or on plain paper with its seal duly affixed; (b) Copy of the requisition slip duly certified by the bank which issues the instrument; (c) Copy of the pass book/ bank statement as proof of the account debited to issue the instrument; Circular no. 309 of
5 (d) On the reverse side of the instrument, the bank account number debited and the name of the account holder shall be authenticated by the issuing bank.
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